- Jul 20, 2013
- Reaction score
- North beyond the Wall
Exactly, the TOS defines the circumstances under which carrier can legally terminate the contract. If they terminate your contract for any other reason you have legal recourse, just like you would for any other case of breach of contract.So essentially it comes down to the agreement you sign when you get service for your phone if I'm understanding you correctly--the TOS one carrier has could theoretically give them the right to terminate your contract.Copyright protection requires that the litmus test of “modicum of originality” be met, for example if you’re texting someone regarding the current weather conditions there is no reasonable argument to be made for originality, thus no basis for copyright protection. The other consideration is that a text conversation between two people even if it meets the originality benchmark would be subject to joint copyright protection, meaning that one of the two parties is free to use,distribute, modify the content without the consent of the other party.Cool thread...
What I like about it is that the question becomes "who owns your text messages". When you sign up for cell service or internet....if it isn't spelled out in the agreement about who has copyright on what you create....it is an open question. Unless it says that "T-Mobile owns your messages", you're probably covered by copyright law. A bigger question becomes whether Verizon or T-Mobile or even the hardware makers--Apple and Samsung--can get into the game of censorship. If Apple doesn't like what you're doing with their devices, can they refuse to sell you a phone? If Verizon doesn't like what your messaging, can they just terminate the contract? It's not infringing on a copyright...its simply a termination of the contract.
As for Biden and whatever the video was (Grumps is here to steer traffic to YouTube...nothing more)...I'm sure it's all made up.
But the root question is interesting.
There is also the question of FAIR USE which raises the question of the nature of the use, the nature of the copyrighted material and the effects of the use. So again your text conversation could be used, re-distributed, etc., without your consent if certain conditions are met even if the content met the criteria for copyright protection.
As far as termination of contract by a carrier (e.g. Verizon) could only get away with that if the subscriber violated the terms of the contract (aka terms of service) and the carrier can demonstrate such violation in court, otherwise it would be a breach. However said carrier could refuse to enter into a contract with you for any reason it deems appropriate, not subject to any preset terms. As far as an equipment manufacturer like Apple, they could refuse to sell you a phone for whatever reason they like, it’s a voluntary transaction after all, just like you could refuse to sell your garden hose to a prospective buyer because you don’t like the color of his hair.
If you’re really worried about a carrier misusing your messages then you can always go with a peer-to-peer, end to end encryption messaging system (e.g. Wire).
Conversely you can terminate the contract under the terms of early termination defined in the contract with the carrier, however if you terminate for some other reason not covered by such terms the carrier can hold you liable for full payment for the life of the contract (non-performance).
That being said, most carriers are loath to terminate subscribers since given the competitive environment, once you lose that customer the chances are very high that you’ve lost them for life. So your violations generally have to be pretty egregious and sustained over time.